Legal Glossary
Over 500 legal terms defined in plain language. Browse by letter or search for any term.
A
Abandonment
propertyThe voluntary relinquishment of a right, claim, or property with no intention of reclaiming it.
Abatement
generalA reduction, decrease, or elimination. In law, it may refer to the reduction of a tax, legacy, or nuisance.
Abstract of Title
propertyA condensed history of the title to a piece of land, listing all recorded instruments that affect ownership.
Acceleration Clause
contractsA provision in a loan agreement allowing the lender to demand immediate payment of the entire balance if certain conditions are met, such as missed payments.
Accessory
criminalA person who assists in the commission of a crime but is not the principal actor. An accessory before the fact helps plan the crime; an accessory after the fact aids the offender after the crime.
Accomplice
criminalA person who knowingly and voluntarily participates with another in a criminal act, either as a principal or accessory.
Accord and Satisfaction
contractsAn agreement to accept a different performance than what was originally promised, combined with the actual performance of that new agreement, discharging the original obligation.
Acquittal
criminalA finding of not guilty by a judge or jury, releasing the defendant from criminal charges.
Action
civil procedureA lawsuit or legal proceeding brought before a court to enforce a right or seek a remedy.
Actus Reus
criminalThe physical act or unlawful omission that constitutes a criminal offense. Together with mens rea, it forms the basis of criminal liability.
Adhesion Contract
contractsA standardized form contract offered on a take-it-or-leave-it basis by a party with superior bargaining power, with no opportunity for negotiation.
Adjudication
civil procedureThe formal resolution of a dispute by a judge or administrative tribunal. The process of making a judicial decision.
Administrative Law
administrativeThe body of law governing the activities of administrative agencies, including rulemaking, adjudication, and enforcement.
Admiralty Law
generalThe body of law governing maritime activities, including shipping, navigation, waters, insurance, and piracy. Also called maritime law.
Admissible Evidence
evidenceEvidence that meets the rules of evidence and may be considered by a judge or jury in deciding a case.
Adoption
familyThe legal process by which a person becomes the lawful parent of a child who is not biologically theirs, permanently transferring all parental rights.
Adversarial System
generalThe legal system used in the United States where two opposing parties present their cases before a neutral judge or jury.
Affidavit
civil procedureA written statement of facts made under oath and signed before a notary public or other authorized officer.
Affirmative Defense
civil procedureA defense strategy in which the defendant introduces evidence that, if found credible, negates criminal or civil liability even if the allegations are true.
Agency
administrativeA governmental body with delegated authority to implement and enforce specific laws and regulations.
Aiding and Abetting
criminalAssisting or encouraging someone in committing a crime, which can result in criminal liability equal to that of the principal offender.
Alimony
familyFinancial support paid by one spouse to the other after separation or divorce, based on factors like length of marriage and earning capacity.
Allegation
civil procedureA claim or assertion made by a party in a pleading that the party expects to prove at trial.
Alternative Dispute Resolution
civil procedureMethods of resolving disputes outside of traditional courtroom litigation, including mediation, arbitration, and negotiation.
Amend
generalTo change or modify a legal document, statute, or constitutional provision through a formal process.
Amendment
constitutionalA formal change or addition to a law, constitution, or legal document.
Amicus Curiae
civil procedureLatin for 'friend of the court.' A person or organization that files a brief offering information or arguments relevant to a case in which they are not a party.
Annulment
familyA legal declaration that a marriage is void and never legally existed, as opposed to divorce, which ends a valid marriage.
Answer
civil procedureThe defendant's formal written response to a complaint, admitting or denying the allegations and raising any defenses.
Antitrust
businessLaws designed to promote competition and prevent monopolies, including the Sherman Act, Clayton Act, and FTC Act.
Appeal
civil procedureA request to a higher court to review and change the decision of a lower court based on alleged legal errors.
Appellate Court
courtsA court that reviews decisions of lower courts for legal errors. It does not conduct new trials or hear new evidence.
Appropriation
generalThe legislative allocation of government funds for a specific purpose. Also, in tort law, the unauthorized use of another person's name or likeness for commercial benefit.
Arbitration
civil procedureA form of alternative dispute resolution where a neutral third party (arbitrator) hears evidence and makes a binding decision.
Arraignment
criminalA court proceeding in which the defendant is formally charged with a crime and asked to enter a plea of guilty, not guilty, or no contest.
Arrears
generalMoney that is owed and should have been paid earlier, such as overdue rent, child support, or loan payments.
Arrest
criminalThe taking of a person into custody by law enforcement, typically based on probable cause that a crime has been committed.
Arson
criminalThe crime of intentionally or recklessly setting fire to property, including buildings, land, or vehicles.
Assault
criminalThe intentional act of causing another person to fear imminent harmful or offensive contact. Distinguished from battery, which involves actual contact.
Asset
businessAnything of value owned by a person or entity, including real property, personal property, cash, investments, and intellectual property.
Asylum
immigrationProtection granted by a country to a foreign national who has fled their home country due to a well-founded fear of persecution.
At-Will Employment
employmentAn employment arrangement where either the employer or employee can terminate the relationship at any time, for any lawful reason, with or without notice.
Attorney
generalA person licensed to practice law and represent clients in legal matters, also called a lawyer or counsel.
Attorney-Client Privilege
evidenceA legal protection that prevents disclosure of confidential communications between an attorney and their client made for the purpose of obtaining legal advice.
B
Bad Faith
contractsDishonesty or fraud in a transaction; a willful failure to respond to plain demands or a refusal to fulfill contractual duties.
Bail
criminalMoney or property deposited with the court to secure the release of a defendant from custody, ensuring their appearance at future court proceedings.
Bailee
propertyA person who receives personal property from another for a specific purpose, such as safekeeping or repair, under a bailment agreement.
Bailiff
courtsA court officer responsible for maintaining order in the courtroom and assisting the judge during proceedings.
Bailment
propertyThe delivery of personal property by one person to another for a specific purpose, with the understanding that the property will be returned.
Bankruptcy
bankruptcyA federal legal proceeding that provides debt relief to individuals and businesses unable to pay their debts, governed by Title 11 of the U.S. Code.
Bar Association
generalA professional organization for lawyers that may be voluntary or mandatory (integrated bar) for practicing in a jurisdiction.
Battery
criminalThe intentional and unlawful physical contact with another person without their consent. Distinguished from assault, which involves the threat of contact.
Bench Trial
civil procedureA trial conducted before a judge without a jury, where the judge serves as both the finder of fact and the arbiter of law.
Beneficiary
estateA person or entity designated to receive benefits from a trust, will, insurance policy, or other legal arrangement.
Beyond a Reasonable Doubt
criminalThe highest standard of proof in the legal system, used in criminal cases. The prosecution must prove each element of the crime to a moral certainty.
Bill of Rights
constitutionalThe first ten amendments to the U.S. Constitution, ratified in 1791, guaranteeing fundamental individual liberties and limiting government power.
Bona Fide
generalLatin for 'in good faith.' Refers to actions or transactions made honestly, without fraud or deception.
Bona Fide Purchaser
propertyA person who purchases property in good faith, for value, and without notice of any competing claims or defects in title.
Bond
generalA financial guarantee posted to ensure performance of an obligation. In criminal law, a bail bond secures a defendant's release from custody.
Breach of Contract
contractsThe failure of a party to perform their obligations under a contract without a legal excuse.
Brief
civil procedureA written legal argument submitted to a court, outlining the facts, legal issues, and arguments in support of a party's position.
Burden of Proof
evidenceThe obligation of a party to prove their allegations or claims to a specified standard (e.g., preponderance of evidence, beyond a reasonable doubt).
Burglary
criminalThe unlawful entry into a building or structure with the intent to commit a crime inside, typically theft.
Bylaws
businessRules adopted by a corporation or organization governing its internal affairs, including procedures for meetings, elections, and management.
C
Capital Crime
criminalA crime punishable by death, such as first-degree murder with special circumstances.
Case Law
generalLaw established through judicial decisions and court opinions, as opposed to statutes or regulations. Also called common law or judge-made law.
Cause of Action
civil procedureA set of facts and legal theories that give a party the right to seek a judicial remedy against another party.
Cease and Desist
generalAn order or letter demanding that a party stop an activity (such as trademark infringement) and refrain from resuming it.
Certiorari
civil procedureA writ issued by a higher court directing a lower court to deliver the record of a case for review. The Supreme Court grants certiorari to hear appeals.
Chain of Custody
evidenceThe documented chronological history of the handling, transfer, and location of physical evidence, ensuring its integrity for use at trial.
Challenge for Cause
civil procedureA request to dismiss a prospective juror based on a demonstrated bias or inability to be impartial.
Chapter 11
bankruptcyA form of bankruptcy that allows businesses to reorganize their debts and operations while continuing to operate.
Chapter 13
bankruptcyA form of bankruptcy allowing individuals with regular income to create a 3-to-5-year repayment plan to pay off debts while keeping their property.
Chapter 7
bankruptcyA form of bankruptcy involving liquidation of non-exempt assets to pay creditors, with remaining eligible debts being discharged.
Chattel
propertyPersonal property that is movable, as distinguished from real property (land and buildings).
Choice of Law
civil procedureThe determination of which jurisdiction's law applies to a dispute when the parties or events are connected to more than one jurisdiction.
Circumstantial Evidence
evidenceEvidence that requires an inference to connect it to a conclusion of fact, as opposed to direct evidence.
Citation
generalA reference to a legal authority (statute, case, regulation) or a notice to appear in court for a minor offense.
Civil Law
generalThe body of law dealing with disputes between private parties, as opposed to criminal law. Encompasses contracts, torts, property, and family law.
Civil Rights
constitutionalThe rights of individuals to receive equal treatment and be free from discrimination based on characteristics such as race, sex, religion, and national origin.
Claim
civil procedureAn assertion of a right to money, property, or a legal remedy; also, the legal basis for a lawsuit.
Class Action
civil procedureA lawsuit brought by one or more plaintiffs on behalf of a larger group of similarly situated individuals.
Clear and Convincing Evidence
evidenceA standard of proof higher than preponderance of the evidence but lower than beyond a reasonable doubt, requiring evidence that is highly and substantially more probable to be true.
Clerkship
generalA position in which a recent law school graduate works for a judge, assisting with legal research, drafting opinions, and other judicial duties.
Closing Argument
civil procedureThe final statement made by each attorney to the judge or jury, summarizing the evidence and arguments presented during trial.
Codicil
estateA supplement or amendment to an existing will that modifies, explains, or revokes specific provisions without replacing the entire will.
Coercion
criminalThe use of force, threats, or intimidation to compel someone to act against their will.
Collateral
businessProperty pledged as security for a loan or debt. If the borrower defaults, the lender can seize the collateral.
Collateral Estoppel
civil procedureA doctrine preventing a party from relitigating an issue of fact that has already been determined in a prior proceeding. Also called issue preclusion.
Color of Law
constitutionalThe appearance of legal authority. Actions taken under color of law are those performed by government officials using their official power.
Comity
generalThe principle by which courts of one jurisdiction give respect and deference to the laws, judicial decisions, and institutions of another jurisdiction.
Commingle
businessTo mix together, especially funds. Commingling personal and business funds can lead to piercing the corporate veil.
Common Carrier
businessA company or individual that transports goods or passengers for compensation, owing a heightened duty of care.
Common Law
generalLaw developed by judges through court decisions and precedent, rather than through legislative statutes or executive action.
Community Property
familyA system of property ownership used in some states where assets acquired during marriage are considered equally owned by both spouses.
Commutation
criminalThe reduction of a criminal sentence by executive action, such as the governor or president reducing a prison term.
Comparative Negligence
tortA legal doctrine that apportions fault among parties in a negligence case, reducing the plaintiff's recovery by their percentage of fault.
Compensatory Damages
tortMoney awarded to a plaintiff to compensate for actual losses suffered, including medical expenses, lost wages, and property damage.
Complaint
civil procedureThe initial pleading filed by the plaintiff that begins a civil lawsuit, setting forth the allegations and claims against the defendant.
Compliance
businessThe act of conforming to laws, regulations, rules, and standards applicable to an individual or organization.
Compulsory Process
constitutionalThe Sixth Amendment right of criminal defendants to subpoena witnesses to testify on their behalf.
Conciliation
civil procedureA voluntary process in which a neutral third party helps disputing parties communicate and reach an agreement.
Concurrent Jurisdiction
courtsWhen two or more courts have the authority to hear the same type of case.
Concurrent Sentence
criminalCriminal sentences served at the same time rather than one after another (consecutive).
Condemnation
propertyThe exercise of eminent domain — the government taking private property for public use with just compensation.
Consecutive Sentence
criminalCriminal sentences served one after another rather than at the same time (concurrent).
Consent Decree
civil procedureA court order that formalizes an agreement between parties to a lawsuit, often used in civil rights, environmental, and antitrust cases.
Conservator
estateA person appointed by a court to manage the financial affairs or personal care of an incapacitated adult.
Consideration
contractsSomething of value exchanged between parties to a contract, which makes the agreement legally binding. Can be money, services, or a promise.
Consolidation
civil procedureThe combining of two or more legal actions or businesses into a single proceeding or entity.
Conspiracy
criminalAn agreement between two or more persons to commit an unlawful act or to accomplish a lawful purpose by unlawful means.
Constitution
constitutionalThe supreme law of the United States, establishing the structure of government, defining governmental powers, and protecting individual rights.
Constructive Discharge
employmentWhen an employer makes working conditions so intolerable that a reasonable employee would feel compelled to resign, treated legally as a termination.
Constructive Notice
propertyLegal notice that a person is deemed to have received even if they did not actually receive it, because the information was publicly available.
Consumer Protection
generalLaws and regulations designed to protect buyers of goods and services from unfair, deceptive, or fraudulent business practices.
Contempt of Court
courtsWillful disobedience of a court order or disruptive behavior in court, punishable by fines or imprisonment.
Contingency Fee
generalA fee arrangement where the attorney's payment depends on the outcome of the case, typically a percentage of the recovery.
Contract
contractsA legally enforceable agreement between two or more parties, consisting of an offer, acceptance, consideration, capacity, and legality.
Contributory Negligence
tortA common law doctrine barring a plaintiff from recovering damages if they were at all at fault for their own injury.
Conversion
tortThe wrongful exercise of control or dominion over another person's personal property, depriving them of its use.
Conveyance
propertyThe transfer of legal title to property from one person to another by means of a written instrument such as a deed.
Copyright
intellectual propertyLegal protection for original works of authorship fixed in a tangible medium, giving the creator exclusive rights to reproduce, distribute, and display the work.
Coroner
criminalA public official responsible for investigating deaths, particularly those that are sudden, unexplained, or suspicious.
Corporation
businessA legal entity separate from its owners (shareholders) that can enter contracts, own property, sue and be sued, and has perpetual existence.
Corpus Delicti
criminalLatin for 'body of the crime.' The principle that a crime must be proven to have occurred before a person can be convicted.
Corroboration
evidenceAdditional evidence that confirms or supports testimony or other evidence already presented.
Counterclaim
civil procedureA claim made by the defendant against the plaintiff in the same lawsuit, asserting that the plaintiff owes the defendant.
Court Order
courtsA directive issued by a judge that requires a party to do or refrain from doing a specific act.
Covenant
propertyA formal promise or agreement, often found in contracts and deeds. In real estate, restrictive covenants limit how property can be used.
Creditor
bankruptcyA person or entity to whom money is owed, either through a loan, sale of goods, or provision of services.
Crime
criminalAn act or omission that violates a law and is punishable by the state through fines, imprisonment, or other penalties.
Criminal Law
criminalThe body of law that defines offenses against the state or public, establishes punishments, and governs the prosecution of those offenses.
Cross-Examination
evidenceThe questioning of a witness by the opposing party's attorney, designed to test credibility and challenge testimony given during direct examination.
Cruel and Unusual Punishment
constitutionalPunishment prohibited by the Eighth Amendment, interpreted to include torture, disproportionate sentences, and degrading treatment.
Custody
familyThe legal right and responsibility to care for a child, including physical custody (where the child lives) and legal custody (decision-making authority).
D
Damages
tortMonetary compensation awarded by a court to a party who has suffered loss or injury due to another party's wrongful act.
De Facto
generalLatin for 'in fact.' Describes something that exists in reality even if not officially recognized by law.
De Jure
generalLatin for 'by law.' Describes something that exists by right or according to law.
De Novo
civil procedureLatin for 'anew.' A de novo trial or hearing is conducted as if no previous decision had been made.
Death Penalty
criminalThe sentence of execution for a capital crime. Also called capital punishment. Subject to extensive constitutional limitations.
Debtor
bankruptcyA person or entity that owes money or is obligated to pay a debt.
Decedent
estateA person who has died, especially one whose estate is being administered.
Declaratory Judgment
civil procedureA court ruling that determines the rights and obligations of parties without ordering any specific action or awarding damages.
Deductible
generalThe amount an insured person must pay out of pocket before insurance coverage begins. In tax law, an expense that can be subtracted from taxable income.
Deed
propertyA legal document that transfers ownership of real property from one party to another. Types include general warranty, special warranty, and quitclaim deeds.
Defamation
tortA false statement of fact published to a third party that damages another person's reputation. Includes libel (written) and slander (spoken).
Default Judgment
civil procedureA judgment entered against a party who fails to appear in court or respond to legal proceedings.
Defeasance
propertyA clause or condition in a deed, lease, or other instrument that, upon performance, renders the instrument void.
Defendant
generalThe party against whom a lawsuit or criminal charge is brought.
Defense
generalThe arguments, evidence, and legal strategy presented by the defendant to counter the plaintiff's or prosecution's case.
Demurrer
civil procedureA legal objection that, even if all the facts alleged in the complaint are true, they do not constitute a valid cause of action. Similar to a motion to dismiss.
Deportation
immigrationThe formal removal of a foreign national from the United States for violating immigration laws.
Deposition
civil procedureA pretrial discovery tool in which a witness provides sworn oral testimony, recorded by a court reporter, outside of court.
Derogation
generalThe partial repeal or taking away of the effectiveness of a law, usually by a subsequent act.
Detainer
propertyThe unlawful withholding of the property or person of another. An unlawful detainer action is an eviction proceeding.
Devise
estateA gift of real property made through a will. The person receiving the gift is a devisee.
Dictum
generalA judge's remark or observation in a court opinion that is not essential to the decision and does not establish binding precedent. Also called obiter dictum.
Dilation
civil procedureAn extension of time granted by a court for performing an act or filing a document.
Direct Evidence
evidenceEvidence that directly proves a fact without requiring an inference, such as eyewitness testimony or a confession.
Direct Examination
evidenceThe initial questioning of a witness by the party who called them to testify.
Directed Verdict
civil procedureA ruling by the trial judge during a jury trial that takes the decision away from the jury because no reasonable jury could reach a different conclusion.
Disbarment
generalThe revocation of an attorney's license to practice law, typically for ethical violations or criminal conduct.
Discharge
bankruptcyIn bankruptcy, the release of a debtor from personal liability for certain debts, preventing creditors from collecting those debts.
Discovery
civil procedureThe pretrial process by which parties exchange information, documents, and evidence relevant to the case.
Discrimination
employmentTreating a person differently or unfavorably based on a protected characteristic such as race, sex, age, disability, or religion.
Disinheritance
estateThe act of excluding a person, often a family member, from inheriting under a will or trust.
Dismissal
civil procedureThe termination of a case by a court, either voluntarily by the plaintiff or involuntarily by the court. Can be with or without prejudice.
Diversity Jurisdiction
courtsFederal court jurisdiction over cases between citizens of different states where the amount in controversy exceeds $75,000.
Divorce
familyThe legal dissolution of a marriage by court order, addressing issues of property division, alimony, child custody, and child support.
Docket
courtsA list of cases pending before a court, or the official record of proceedings in a case.
Domicile
generalA person's permanent legal residence, which may differ from where they currently live.
Double Jeopardy
constitutionalThe constitutional protection against being tried twice for the same offense after an acquittal or conviction. Guaranteed by the Fifth Amendment.
Due Diligence
businessThe thorough investigation and analysis of a business, property, or legal matter before entering into a transaction or agreement.
Due Process
constitutionalThe constitutional guarantee that the government must follow fair procedures before depriving any person of life, liberty, or property. Found in the Fifth and Fourteenth Amendments.
Duress
contractsCoercion or threats that compel a person to act against their will. A contract entered into under duress may be voidable.
Duty of Care
tortThe legal obligation to act with a certain standard of care toward others to avoid causing harm. Central to negligence law.
E
Easement
propertyA legal right to use another person's land for a specific purpose without owning it.
Eighth Amendment
constitutionalThe constitutional amendment prohibiting excessive bail, excessive fines, and cruel and unusual punishment.
Ejectment
propertyA legal action to recover possession of real property from someone who is unlawfully occupying it.
Emancipation
familyThe legal process by which a minor is freed from parental control and granted the legal rights and responsibilities of an adult.
Embezzlement
criminalThe fraudulent taking of personal property by someone to whom it was entrusted, such as an employee stealing company funds.
Eminent Domain
propertyThe government's power to take private property for public use, provided it pays just compensation to the owner. Derived from the Fifth Amendment.
Emolument
constitutionalPayment or compensation for employment or services. The Emoluments Clause of the Constitution prohibits federal officials from receiving gifts from foreign governments.
Employment Contract
employmentAn agreement between an employer and employee that specifies the terms of employment, including duties, compensation, and termination conditions.
Enabling Statute
administrativeA law that grants authority to a government agency or official to take certain actions, such as creating regulations.
Encroachment
propertyAn intrusion upon the property or rights of another, such as a building or fence extending onto a neighbor's land.
Encumbrance
propertyA claim, lien, or liability attached to real property that may diminish its value or restrict its use, such as a mortgage, easement, or tax lien.
Enjoin
civil procedureTo issue a court order (injunction) requiring or prohibiting a specific action.
Entrapment
criminalA defense in criminal law claiming that law enforcement induced a person to commit a crime they would not otherwise have committed.
Equal Opportunity
employmentThe principle that all people should be treated fairly and given the same chances for employment, education, and other benefits regardless of protected characteristics.
Equal Protection
constitutionalThe Fourteenth Amendment guarantee that all persons shall receive equal treatment under the law and that no state shall deny equal protection of the laws.
Equitable Distribution
familyA method of dividing marital property in a divorce based on fairness rather than an equal split, considering various factors.
Equity
generalA branch of law providing remedies beyond monetary damages, such as injunctions and specific performance. Also refers to ownership value in an asset.
Equity of Redemption
propertyThe right of a mortgagor to reclaim property by paying the full mortgage debt before or after foreclosure, depending on state law.
Escheat
estateThe reversion of property to the state when a person dies without a will and without legal heirs.
Escrow
propertyAn arrangement in which money, property, or documents are held by a neutral third party until specified conditions are met.
Estate
estateAll of the property and assets owned by a person, especially at the time of death. Also refers to an ownership interest in land.
Estate Planning
estateThe process of arranging for the management and distribution of a person's assets during their lifetime and after death.
Estoppel
generalA legal principle that prevents a person from asserting a position inconsistent with their previous conduct or representations if another party relied on those representations.
Estoppel by Deed
propertyA doctrine preventing a grantor who conveys property by warranty deed from later claiming they did not have title at the time of conveyance.
Eviction
propertyThe legal process of removing a tenant from a rental property, typically for nonpayment of rent or lease violations.
Evidence
evidenceAny form of proof presented in court to establish or disprove facts in a case, including testimony, documents, physical objects, and digital records.
Ex Parte
civil procedureA legal proceeding or order involving only one party, without notice to or participation by the opposing party.
Exclusionary Rule
criminalA legal principle that prohibits evidence obtained in violation of the defendant's constitutional rights from being used at trial.
Exculpatory Clause
contractsA contract provision that releases one party from liability for damages caused by their own negligence.
Exculpatory Evidence
criminalEvidence tending to establish a criminal defendant's innocence. Prosecutors must disclose exculpatory evidence under the Brady rule.
Executor
estateA person named in a will to manage the deceased person's estate, including distributing assets and paying debts.
Exemption
bankruptcyProperty or income that is protected from seizure by creditors or from taxation. In bankruptcy, exemptions determine what property the debtor may keep.
Exhaustion of Remedies
administrativeThe requirement that a party pursue all available administrative remedies before seeking judicial review.
Expert Witness
evidenceA person with specialized knowledge, training, or experience who is qualified to provide an opinion on technical or scientific matters in a legal proceeding.
Expungement
criminalThe legal process of sealing or destroying a criminal record so that it is no longer accessible to the public.
Extortion
criminalThe crime of obtaining money, property, or services through coercion, threats, or intimidation.
Extradition
criminalThe formal process of surrendering a person accused or convicted of a crime from one jurisdiction (state or country) to another.
F
Fact Finder
courtsThe person or body (judge or jury) responsible for determining the facts in a legal proceeding.
Fair Use
intellectual propertyA legal doctrine allowing limited use of copyrighted material without permission for purposes such as criticism, commentary, news reporting, teaching, and research.
False Imprisonment
tortThe unlawful restraint of a person's freedom of movement without their consent and without legal authority.
Federal Court
courtsA court established under the U.S. Constitution to hear cases involving federal law, constitutional issues, and disputes between citizens of different states.
Federal Question
courtsA case arising under the Constitution, federal statutes, or treaties, giving federal courts subject-matter jurisdiction.
Felony
criminalA serious crime typically punishable by imprisonment for more than one year or death. Examples include murder, robbery, and burglary.
Felony Murder Rule
criminalA legal rule holding a participant in a felony criminally liable for any death that occurs during the commission of the felony.
Fiduciary
businessA person or entity that holds a position of trust and has a legal obligation to act in the best interest of another party.
Fiduciary Duty
businessA legal obligation of one party to act in the best interest of another, requiring utmost good faith, trust, and loyalty.
Fifth Amendment
constitutionalThe constitutional amendment providing protections against double jeopardy, self-incrimination, and deprivation of life, liberty, or property without due process.
Filing
civil procedureThe formal submission of legal documents to a court to initiate or continue a legal proceeding.
Final Judgment
civil procedureA court's last action that fully resolves all issues in a case, making it eligible for appeal.
First Amendment
constitutionalThe constitutional amendment protecting freedom of speech, religion, press, assembly, and the right to petition the government.
Fixture
propertyPersonal property that has been attached to real property in such a way that it becomes part of the real property.
Force Majeure
contractsA clause in a contract that frees parties from liability when extraordinary events beyond their control prevent performance, such as natural disasters or wars.
Foreclosure
propertyThe legal process by which a lender seizes and sells property when the borrower fails to make mortgage payments.
Forgery
criminalThe crime of making, altering, or possessing a false document with the intent to defraud.
Forum Shopping
civil procedureThe practice of choosing a court or jurisdiction that is most likely to provide a favorable outcome.
Fourteenth Amendment
constitutionalThe constitutional amendment guaranteeing citizenship to all persons born in the U.S., due process of law, and equal protection of the laws.
Franchise
businessA license granted by a company (franchisor) to an individual or group (franchisee) to operate a business using the company's brand, products, and systems.
Fraud
criminalIntentional deception or misrepresentation made with the intent to deprive another person of property or a legal right.
Freedom of Speech
constitutionalThe First Amendment right protecting individuals from government censorship of their expression, subject to certain limited exceptions.
Frivolous
civil procedureLacking any legal merit or factual basis. Courts may impose sanctions for filing frivolous claims.
Full Faith and Credit
constitutionalThe constitutional requirement that each state honor the legislative acts, public records, and judicial decisions of every other state.
G
Garnishment
bankruptcyA court-ordered process that directs a third party (typically an employer or bank) to withhold money from a debtor's wages or accounts to pay a creditor.
General Jurisdiction
courtsThe authority of a court to hear any type of case, unless specifically excluded by law.
Good Faith
contractsAn honest and sincere intention to deal fairly and without taking unfair advantage. A legal concept applied in contracts, negotiations, and insurance.
Good Samaritan Law
tortA law protecting people who voluntarily provide emergency assistance to an injured person from liability for unintentional harm.
Grand Jury
criminalA panel of citizens that examines evidence presented by a prosecutor and decides whether there is sufficient probable cause to indict a person for a crime.
Grand Larceny
criminalTheft of property above a certain monetary threshold, classified as a felony. The threshold varies by state.
Grantee
propertyA person who receives property or rights through a deed or other legal instrument.
Grantor
estateA person who transfers property or rights to another party. In trusts, the grantor creates the trust and transfers assets into it.
Green Card
immigrationInformal term for a Permanent Resident Card (Form I-551), which evidences lawful permanent resident status in the United States.
Gross Negligence
tortA conscious and voluntary disregard of the need to use reasonable care, involving a greater degree of carelessness than ordinary negligence.
Grounds
civil procedureThe legal basis or foundation for a lawsuit, motion, or argument.
Guardian
familyA person appointed by a court to make decisions on behalf of someone who is unable to do so themselves, such as a minor or incapacitated adult.
Guardian Ad Litem
familyA person appointed by a court to represent the best interests of a child or incapacitated adult during legal proceedings.
Guilty
criminalA verdict finding that the defendant committed the crime charged. Also, the plea a defendant may enter acknowledging guilt.
H
Habeas Corpus
constitutionalA writ requiring a person to be brought before a court, used to challenge the legality of their imprisonment or detention. A fundamental safeguard against unlawful confinement.
Habitual Offender
criminalA person who has been convicted of multiple crimes, often subject to enhanced sentencing under three-strikes laws.
Harmless Error
civil procedureAn error during trial that did not affect the outcome and therefore does not warrant reversal of the judgment on appeal.
Hearsay
evidenceAn out-of-court statement offered in court to prove the truth of the matter asserted. Generally inadmissible, with numerous exceptions.
Hereditament
estateAny property that can be inherited, including real property, personal property, and intangible rights.
Holding
generalThe court's determination of a legal question; the rule or principle established by a court decision. Distinguished from dictum.
Holographic Will
estateA will that is entirely handwritten and signed by the testator, without witnesses. Recognized in some states.
Homestead Exemption
bankruptcyA legal provision that protects a portion of a homeowner's equity in their primary residence from creditors, particularly in bankruptcy.
Homicide
criminalThe killing of one person by another, which may be criminal (murder, manslaughter) or justifiable (self-defense).
Hostile Work Environment
employmentA form of harassment where unwelcome conduct based on a protected characteristic is severe or pervasive enough to create an abusive or intimidating work environment.
I
Illusory Promise
contractsA statement that appears to be a promise but actually commits the promisor to nothing, making any resulting contract unenforceable.
Immunity
generalProtection from legal liability or prosecution granted by law. Types include sovereign immunity (government), diplomatic immunity, and witness immunity.
Impeachment
constitutionalThe process of formally accusing a public official of misconduct. In evidence law, the process of attacking a witness's credibility.
Implied Consent
generalConsent inferred from a person's actions or circumstances rather than explicit agreement. In DUI law, driving implies consent to breathalyzer testing.
In Camera
civil procedureLatin for 'in chambers.' A legal proceeding or review conducted privately by a judge, typically to review sensitive evidence.
In Forma Pauperis
civil procedureLatin for 'in the manner of a pauper.' A status allowing a person who cannot afford court fees to proceed without paying them.
In Loco Parentis
familyLatin for 'in the place of a parent.' Refers to a person or institution acting in a parental capacity.
In Rem
civil procedureA legal action directed against property rather than against a specific person.
Inalienable Rights
constitutionalRights that cannot be surrendered, sold, or transferred to another person, such as life, liberty, and the pursuit of happiness.
Incarceration
criminalThe confinement of a person in a jail or prison as punishment for a crime or while awaiting trial.
Inchoate
criminalIncomplete or not fully formed. An inchoate crime is one that has been begun but not completed, such as attempt or conspiracy.
Incumbrance
propertyA claim or liability that is attached to property, potentially diminishing its value. Alternative spelling of encumbrance.
Indemnification
contractsA contractual obligation of one party to compensate another for losses or damages. Common in business contracts and insurance policies.
Indictment
criminalA formal written accusation issued by a grand jury charging a person with a crime, based on a finding of probable cause.
Infraction
criminalA minor violation of a law or rule, less serious than a misdemeanor, typically punishable only by a fine.
Infringement
intellectual propertyThe unauthorized use of a protected intellectual property right, such as a patent, copyright, or trademark.
Inheritance
estateProperty or assets received from a deceased person through a will or intestate succession.
Injunction
civil procedureA court order requiring a party to do or refrain from doing a specific act. Types include temporary restraining orders, preliminary injunctions, and permanent injunctions.
Insolvency
bankruptcyThe condition of being unable to pay debts as they become due. A prerequisite for many bankruptcy filings.
Intellectual Property
intellectual propertyLegal rights protecting creations of the mind, including patents, copyrights, trademarks, and trade secrets.
Intent
criminalThe state of mind accompanying an act. In criminal law, intent (mens rea) is a key element in determining culpability.
Interlocutory
civil procedureA temporary or provisional court order that is not a final judgment, such as a preliminary injunction.
Interrogatory
civil procedureA set of written questions sent by one party to another during the discovery phase of litigation, which must be answered under oath.
Interstate Commerce
constitutionalCommercial activity that crosses state borders, which Congress has the power to regulate under the Commerce Clause of the Constitution.
Intestate
estateDying without a valid will. The deceased person's property is distributed according to state intestacy laws.
Involuntary Manslaughter
criminalThe unintentional killing of a person through criminal negligence or during the commission of a non-felony crime.
J
Joinder
civil procedureThe joining of parties or claims in a single lawsuit to promote judicial efficiency.
Joint and Several Liability
tortA legal doctrine making each defendant independently liable for the full amount of damages, regardless of their individual share of fault.
Joint Tenancy
propertyA form of co-ownership of property where two or more persons hold equal shares with the right of survivorship.
Judge
courtsA public official appointed or elected to preside over and decide cases in a court of law.
Judgment
civil procedureThe final decision of a court resolving the dispute between the parties and determining their rights and obligations.
Judicial Notice
evidenceA court's acceptance of a well-known fact without requiring formal proof, such as the date of a holiday or a scientific principle.
Judicial Review
constitutionalThe power of courts to examine legislative and executive actions and determine whether they are constitutional.
Jurisdiction
courtsThe authority of a court to hear and decide a case. Includes subject-matter jurisdiction (types of cases) and personal jurisdiction (authority over parties).
Jurisprudence
generalThe theory and philosophy of law, or the body of legal knowledge and principles.
Jury
courtsA group of citizens selected to hear evidence in a trial and render a verdict based on the facts presented.
Jury Instructions
civil procedureDirections given by a judge to a jury explaining the applicable law and how to apply it to the facts of the case.
Just Compensation
propertyThe payment the government must make to a property owner when taking private property through eminent domain, typically fair market value.
Juvenile
criminalA person who has not yet reached the age of legal majority (typically 18). Juvenile proceedings are generally separate from adult criminal proceedings.
K
Kidnapping
criminalThe crime of unlawfully seizing and detaining a person against their will, often by force, threat, or deception.
L
Laches
civil procedureAn equitable defense asserting that the plaintiff unreasonably delayed in asserting a claim, causing prejudice to the defendant.
Landlord
propertyThe owner of real property who rents or leases it to a tenant in exchange for periodic payment (rent).
Larceny
criminalThe unlawful taking of another person's personal property with the intent to permanently deprive them of it. Also known as theft.
Lawsuit
civil procedureA legal action brought by one party against another in a court of law to enforce a right or seek a remedy.
Lease
propertyA contract granting the use of property (real or personal) for a specified period in exchange for periodic payments.
Legal Aid
generalFree or low-cost legal services provided to individuals who cannot afford an attorney, often through nonprofit organizations or government programs.
Lemon Law
generalConsumer protection laws that provide remedies for buyers of vehicles that repeatedly fail to meet quality and performance standards.
Letters Testamentary
estateA court document authorizing an executor to administer a deceased person's estate according to the will.
Levy
generalThe legal seizure of property to satisfy a debt or judgment. Also, to impose a tax.
Liability
tortLegal responsibility for one's acts or omissions. A finding of liability in a civil case typically results in an obligation to pay damages.
Libel
tortA form of defamation involving false written or published statements that harm a person's reputation.
License
generalA legal permission to engage in an activity that would otherwise be unlawful, such as driving, practicing law, or using intellectual property.
Lien
propertyA legal claim or charge on property as security for the payment of a debt or obligation. Common types include mortgage liens, tax liens, and mechanic's liens.
Limitation of Actions
civil procedureStatutes establishing the maximum time period within which a legal proceeding must be initiated. Also called statutes of limitations.
Lis Pendens
propertyLatin for 'pending litigation.' A notice filed with the county recorder indicating that a lawsuit involving real property is pending.
Litigation
civil procedureThe process of resolving disputes through the court system, including filing lawsuits, discovery, motions, trial, and appeals.
Living Will
estateA legal document expressing a person's wishes regarding medical treatment in the event they become incapacitated and unable to communicate.
LLC
businessA Limited Liability Company — a business structure combining the liability protection of a corporation with the tax flexibility of a partnership.
M
Magistrate
courtsA judicial officer with limited authority, often handling preliminary criminal proceedings, minor offenses, and pretrial matters.
Malfeasance
generalWrongful conduct or illegal activity, especially by a public official.
Malpractice
tortProfessional negligence — the failure of a professional (doctor, lawyer, accountant) to meet the standard of care, resulting in harm to the client or patient.
Mandamus
civil procedureA court order compelling a government official or entity to perform a mandatory duty.
Mandate
civil procedureAn official order or command from a court, especially an appellate court directing a lower court to take specific action.
Manslaughter
criminalThe unlawful killing of a person without premeditation or malice aforethought. Can be voluntary (in the heat of passion) or involuntary (through criminal negligence).
Marital Property
familyProperty acquired during a marriage that is subject to division upon divorce, as opposed to separate property.
Material Witness
evidenceA witness whose testimony is important enough to a case that they may be detained to ensure their availability.
Mediation
civil procedureA form of alternative dispute resolution where a neutral third party facilitates negotiation between the parties to help them reach a voluntary agreement.
Mens Rea
criminalLatin for 'guilty mind.' The mental state or intent required to establish criminal liability, such as intent, knowledge, recklessness, or negligence.
Mens Rea Requirement
criminalThe principle that most crimes require proof of a guilty mental state, such as intent, knowledge, recklessness, or negligence.
Merger
businessThe combination of two or more companies into a single entity. In contract law, the integration of prior agreements into a final written contract.
Minimum Contacts
courtsThe constitutional requirement that a defendant must have sufficient connections with a forum state before the state's courts can exercise personal jurisdiction.
Minor
familyA person who has not yet reached the age of legal majority (typically 18) and lacks full legal capacity.
Miranda Rights
criminalThe rights that law enforcement must inform a suspect of upon arrest and before custodial interrogation, including the right to remain silent and the right to an attorney.
Misdemeanor
criminalA criminal offense less serious than a felony, typically punishable by fines, probation, or imprisonment for up to one year.
Misprision
criminalThe crime of concealing knowledge of a felony or an act of treason from authorities.
Misrepresentation
contractsA false statement of material fact made to induce another party to enter into a contract or transaction.
Mistrial
criminalA trial that has been terminated before its conclusion due to a procedural error, hung jury, or other extraordinary circumstance.
Mitigation
generalThe duty of an injured party to take reasonable steps to minimize their damages. Also, factors presented at sentencing to argue for a lighter punishment.
Monopoly
businessExclusive control of a market by a single entity, which may violate federal antitrust laws if achieved through anticompetitive practices.
Moot
civil procedureA legal issue that has become academic or no longer presents a live controversy, making judicial resolution unnecessary.
Moral Turpitude
criminalAn act or behavior that violates community standards of justice, honesty, or good morals. Crimes involving moral turpitude can affect immigration status.
Mortgage
propertyA loan secured by real property, where the borrower grants the lender a security interest in the property until the loan is repaid.
Motion
civil procedureA formal request made to a court asking for a ruling or order on a specific issue.
Motion to Dismiss
civil procedureA motion asking the court to dismiss a case for legal insufficiency, such as failure to state a claim or lack of jurisdiction.
Murder
criminalThe unlawful killing of a person with malice aforethought (premeditation and deliberation). First-degree murder involves planning; second-degree murder does not.
N
Naturalization
immigrationThe legal process by which a foreign national becomes a U.S. citizen after meeting eligibility requirements and passing required tests.
Necessaries
contractsGoods and services essential for a person's basic needs, such as food, clothing, shelter, and medical care. Contracts for necessaries by minors may be enforceable.
Negligence
tortThe failure to exercise the standard of care that a reasonably prudent person would exercise under similar circumstances, resulting in harm to another.
Negotiation
generalThe process of discussion and bargaining between parties to reach a mutually acceptable agreement or settlement.
Nisi Prius
courtsA trial court, as distinguished from an appellate court. The term refers to the court where a case is first tried.
No Contest
criminalA plea (nolo contendere) in which the defendant does not admit guilt but accepts punishment. It cannot be used as an admission of liability in a civil case.
Nolo Contendere
criminalLatin for 'I do not wish to contend.' A plea in criminal court similar to guilty but cannot be used as an admission in civil proceedings.
Non-Compete Agreement
employmentA contractual clause restricting an employee from working for competitors or starting a competing business for a specified period and geographic area after leaving employment.
Non-Disclosure Agreement
businessA contract creating a confidential relationship between parties, obligating one or both to keep certain information secret.
Nonconforming Use
propertyA land use that was lawful before a zoning change but no longer complies with current zoning regulations. Generally allowed to continue but not expand.
Notary Public
generalA person authorized by the state to witness the signing of documents, administer oaths, and certify the authenticity of signatures.
Notice
civil procedureFormal notification to a party of a legal action, proceeding, or right. Due process requires adequate notice before the government deprives a person of rights.
Nuisance
propertyAn unreasonable interference with the use and enjoyment of another person's property. Can be private (affecting one party) or public (affecting the community).
Nuncupative Will
estateAn oral will made during the last illness or in imminent peril of death, valid only in limited circumstances in some states.
O
Oath
generalA solemn promise to tell the truth or faithfully perform a duty, often invoking a higher power. Witnesses testify under oath.
Objection
evidenceA formal protest raised by an attorney during trial challenging the admissibility of evidence or the propriety of a question or procedure.
Obstruction of Justice
criminalThe crime of intentionally interfering with the administration of law, including tampering with evidence, intimidating witnesses, or lying to investigators.
Offer
contractsA proposal by one party to another indicating a willingness to enter into a contract on specified terms.
Opening Statement
civil procedureAn attorney's introductory remarks at the beginning of a trial, outlining the evidence and arguments they intend to present.
Opinion
courtsA judge's written explanation of the court's decision, including the legal reasoning, analysis of facts, and conclusion.
Ordinance
generalA law enacted by a municipal or local government, such as a city or county.
Original Jurisdiction
courtsThe authority of a court to hear a case for the first time, as opposed to appellate jurisdiction.
P
Pardon
criminalAn executive act forgiving a person for a crime and releasing them from punishment. The President can pardon federal crimes; governors can pardon state crimes.
Parol Evidence Rule
contractsA legal principle that prevents parties to a written contract from introducing prior or contemporaneous oral agreements that contradict or modify the written terms.
Parole
criminalThe supervised release of a prisoner before the completion of their sentence, subject to conditions and monitoring.
Partition
propertyThe division of jointly owned property into separate portions so each owner may take individual possession of their share.
Partnership
businessA business arrangement where two or more persons agree to share profits and losses. Can be general, limited, or limited liability.
Patent
intellectual propertyA government-granted exclusive right to an inventor, allowing them to prevent others from making, using, or selling the invention for a limited period (typically 20 years).
Per Curiam
courtsLatin for 'by the court.' A judicial opinion issued by the court as a whole rather than authored by a single judge.
Per Stirpes
estateA method of distributing an estate where each branch of a family receives an equal share, regardless of the number of members in each branch.
Peremptory Challenge
civil procedureThe right of an attorney to reject a prospective juror without stating a reason, limited in number and cannot be based on race or gender.
Perjury
criminalThe crime of willfully making a false statement under oath in a judicial or official proceeding.
Personal Jurisdiction
courtsA court's authority over the parties in a lawsuit, based on their presence, domicile, consent, or minimum contacts with the forum state.
Petit Jury
courtsA trial jury, typically consisting of 6 to 12 members, that hears evidence and renders a verdict in a case.
Plaintiff
civil procedureThe party who initiates a civil lawsuit by filing a complaint against the defendant.
Plea
criminalA defendant's formal response to criminal charges — typically guilty, not guilty, or no contest (nolo contendere).
Plea Bargain
criminalAn agreement between the prosecution and defendant where the defendant pleads guilty to a lesser charge or receives a lighter sentence in exchange for cooperation.
Pleading
civil procedureA formal written document filed with the court that sets forth the claims or defenses of a party in a lawsuit.
Power of Attorney
estateA legal document authorizing one person (the agent or attorney-in-fact) to act on behalf of another (the principal) in financial, legal, or medical matters.
Precedent
generalA court decision that establishes a rule or principle to be followed in future cases with similar facts or issues. The foundation of the common law system.
Preliminary Hearing
criminalA proceeding held to determine whether there is enough evidence (probable cause) to proceed with a criminal trial.
Preponderance of the Evidence
evidenceThe standard of proof in most civil cases, requiring the plaintiff to show that their version of events is more likely true than not.
Presumption of Innocence
criminalThe fundamental principle that a person accused of a crime is considered innocent until proven guilty beyond a reasonable doubt.
Pretermitted Heir
estateA child born after the execution of a will who is unintentionally omitted. Most states provide such children with a share of the estate.
Prima Facie
evidenceLatin for 'on its face.' Evidence sufficient to establish a fact or raise a presumption unless rebutted by contradictory evidence.
Private Law
generalLaw governing relationships between private individuals and organizations, including contracts, torts, property, and family law.
Privilege
evidenceA legal right to refuse to disclose certain information, such as attorney-client communications, doctor-patient communications, or spousal communications.
Privity
contractsA close and direct relationship between parties, such as parties to a contract, that allows one to enforce rights against the other.
Pro Bono
generalLegal services provided free of charge, typically to indigent clients or nonprofit organizations, as a professional obligation or public service.
Pro Se
civil procedureLatin for 'for oneself.' Representing oneself in a legal proceeding without an attorney.
Probable Cause
criminalA reasonable belief, based on facts and circumstances, that a crime has been committed or that evidence of a crime will be found. Required for arrests and search warrants.
Probate
estateThe legal process of administering a deceased person's estate, including validating the will, paying debts, and distributing assets to beneficiaries.
Probation
criminalA sentence allowing a convicted person to remain in the community under supervision instead of serving time in prison, subject to conditions.
Procedural Due Process
constitutionalThe constitutional requirement that the government follow fair procedures before depriving a person of life, liberty, or property.
Product Liability
tortThe legal responsibility of manufacturers, distributors, and retailers for injuries caused by defective products.
Promissory Estoppel
contractsA legal doctrine preventing a party from reneging on a promise if another party relied on that promise to their detriment.
Promissory Note
contractsA written promise by one party to pay a specified sum of money to another party at a definite time or on demand.
Prosecution
criminalThe process of initiating and pursuing criminal charges against a defendant. Also refers to the government attorney (prosecutor) who brings the case.
Protective Order
familyA court order that protects a person from harm or harassment, often used in domestic violence cases. Also, an order limiting the disclosure of sensitive information during discovery.
Proximate Cause
tortThe primary cause of an injury or harm that is legally sufficient to result in liability. The cause without which the injury would not have occurred.
Proximate Result
tortThe direct outcome of an action that was foreseeable and contributed to the harm or injury in question.
Public Defender
criminalAn attorney appointed by the court to represent defendants who cannot afford to hire a private attorney.
Public Law
generalLaw governing the relationship between individuals and the government, including constitutional law, criminal law, and administrative law.
Punitive Damages
tortMonetary damages awarded in addition to compensatory damages to punish the defendant for particularly egregious conduct and deter similar behavior.
Q
Quantum Meruit
contractsLatin for 'as much as deserved.' A legal claim allowing recovery for the reasonable value of services rendered when no contract exists.
Quasi-Contract
contractsA legal obligation imposed by a court to prevent unjust enrichment when no formal contract exists between the parties.
Quid Pro Quo
employmentLatin for 'something for something.' In employment law, a type of sexual harassment where employment benefits are conditioned on sexual favors.
Quitclaim Deed
propertyA deed that transfers whatever interest the grantor has in property without any warranties about the quality of title.
Quorum
businessThe minimum number of members required to be present at a meeting for business to be validly transacted.
R
Racketeering
criminalEngaging in a pattern of criminal activity as part of an organized enterprise. Prosecuted under federal RICO statutes.
Ratification
generalThe formal approval of an agreement, amendment, or treaty. In contract law, the acceptance of a previously unauthorized act.
Real Property
propertyLand and anything permanently attached to it, including buildings, trees, and fixtures. Distinguished from personal property.
Reasonable Doubt
criminalThe standard of proof in criminal cases; the level of certainty a juror must have to find a defendant guilty. Not merely possible doubt but doubt based on reason.
Recidivism
criminalThe tendency of a convicted criminal to reoffend after serving their sentence.
Recidivist
criminalA person who repeatedly commits crimes and returns to criminal behavior after being punished.
Recognizance
criminalA bond or obligation recorded before a court whereby a person promises to appear in court or meet a specified condition.
Recoupment
civil procedureA defendant's right to reduce the plaintiff's claim by the amount the plaintiff owes the defendant arising from the same transaction.
Recusal
courtsThe act of a judge withdrawing from hearing a case due to a potential conflict of interest or appearance of bias.
Redaction
generalThe process of editing or obscuring portions of a document to remove sensitive, privileged, or classified information.
Reformation
contractsAn equitable remedy correcting a written instrument (such as a contract or deed) to reflect the parties' true intentions.
Regulation
administrativeA rule or order issued by a government agency that has the force of law, created through the administrative rulemaking process.
Reliance
contractsDependence on another party's representations or promises, which may give rise to legal rights under estoppel or contract law.
Remand
civil procedureWhen an appellate court sends a case back to a lower court for further proceedings consistent with the appellate court's decision.
Remedy
generalThe means by which a court enforces a right or prevents or compensates for a wrong. Includes damages, injunctions, and specific performance.
Remittitur
civil procedureA court order reducing a jury's damage award when the judge finds it excessive.
Removal
civil procedureThe transfer of a case from state court to federal court by the defendant when federal jurisdiction exists. In immigration law, the deportation of a foreign national.
Replevin
civil procedureA legal action to recover personal property that has been wrongfully taken or detained.
Repossession
bankruptcyThe act of a creditor taking back property (usually personal property like a vehicle) from a debtor who has defaulted on payments.
Res Judicata
civil procedureLatin for 'a matter judged.' The principle that a final judgment on the merits bars the same parties from relitigating the same claim.
Rescission
contractsThe cancellation of a contract, restoring the parties to their positions before the contract was formed.
Respondeat Superior
tortLatin for 'let the master answer.' The legal doctrine holding employers vicariously liable for the negligent acts of employees performed within the scope of employment.
Restitution
criminalThe restoration of property or money to its rightful owner. In criminal law, a court-ordered payment by a convicted person to compensate the victim.
Restraining Order
familyA court order prohibiting a person from engaging in certain conduct, such as contacting or approaching another person. Can be temporary or permanent.
Retainer
generalA fee paid to an attorney in advance to secure their services. Also, the agreement establishing the attorney-client relationship.
Reversal
civil procedureAn appellate court's decision to overturn or set aside a lower court's judgment.
RICO
criminalThe Racketeer Influenced and Corrupt Organizations Act, a federal law providing extended penalties for criminal acts performed as part of an ongoing criminal enterprise.
Right of Survivorship
propertyA feature of joint tenancy where, upon the death of one owner, the deceased's share automatically passes to the surviving owner(s) rather than through the estate.
Right of Way
propertyThe legal right to pass through property owned by another. Also, the right of a vehicle or pedestrian to proceed first in a traffic situation.
Robbery
criminalThe crime of taking property from a person by force, threat, or intimidation. Distinguished from larceny by the use or threat of force.
Rulemaking
administrativeThe process by which administrative agencies create regulations that have the force of law, typically through notice-and-comment procedures under the APA.
S
Sanction
courtsA penalty or punitive measure imposed by a court for violations of rules, orders, or standards of conduct.
Search and Seizure
criminalThe examination of a person's property by law enforcement and the taking of evidence. The Fourth Amendment protects against unreasonable searches and seizures.
Search Warrant
criminalA court order authorizing law enforcement to search a specific location for specific evidence of a crime, based on probable cause.
Second Amendment
constitutionalThe constitutional amendment protecting the right of individuals to keep and bear arms.
Secured Debt
bankruptcyA debt backed by collateral (property) that the creditor can seize if the debtor defaults.
Self-Incrimination
constitutionalThe act of providing testimony or evidence that exposes oneself to criminal prosecution. The Fifth Amendment protects against compelled self-incrimination.
Sentence
criminalThe punishment imposed by a court on a person convicted of a crime, which may include imprisonment, fines, probation, or community service.
Sequestration
civil procedureThe isolation of a jury from outside contact during deliberation, or the court-ordered seizure of property to preserve it during litigation.
Service of Process
civil procedureThe formal delivery of legal documents (summons, complaint) to a defendant or party, notifying them of legal proceedings and establishing the court's jurisdiction.
Setoff
civil procedureA defendant's right to reduce the plaintiff's claim by an amount the plaintiff owes the defendant, arising from a different transaction.
Settlement
civil procedureAn agreement between parties to resolve a dispute without a full trial, often involving the payment of money in exchange for dismissal of claims.
Seventh Amendment
constitutionalThe constitutional amendment preserving the right to a jury trial in civil cases where the amount in controversy exceeds twenty dollars.
Sine Qua Non
generalLatin for 'without which not.' An essential condition or element without which something cannot exist or occur.
Sixth Amendment
constitutionalThe constitutional amendment guaranteeing criminal defendants the right to a speedy and public trial, an impartial jury, notice of charges, confrontation of witnesses, and counsel.
Slander
tortA form of defamation involving false spoken statements that harm a person's reputation. Distinguished from libel, which involves written statements.
Slayer Rule
estateA legal principle preventing a person who intentionally kills another from inheriting from or benefiting from the victim's estate.
Small Claims Court
courtsA court with simplified procedures and low filing fees that handles minor civil disputes, typically involving amounts below $5,000-$10,000.
Sole Proprietorship
businessA business owned and operated by a single individual, with no legal separation between the owner and the business.
Sovereign
constitutionalThe supreme authority within a territory; in the U.S., sovereignty resides in the people and is exercised through federal and state governments.
Sovereign Immunity
constitutionalThe legal doctrine that the government cannot be sued without its consent, derived from the principle that the sovereign is immune from legal action.
Specific Performance
contractsAn equitable remedy requiring a party to fulfill their contractual obligations, typically ordered when monetary damages are inadequate (e.g., unique property sales).
Spousal Support
familyFinancial payments made by one spouse to the other during or after a divorce to maintain their standard of living. Also called alimony or maintenance.
Stakeholder
businessA person or entity with an interest in or affected by a course of action, transaction, or legal proceeding.
Standing
civil procedureThe legal requirement that a party bringing a lawsuit must have a sufficient connection to and harm from the issue, demonstrating a personal stake in the outcome.
Stare Decisis
generalLatin for 'to stand by things decided.' The legal principle obligating courts to follow precedent established by prior decisions on similar issues.
Statute
generalA law enacted by a legislative body (Congress, state legislature, or local council).
Statute of Frauds
contractsA legal principle requiring certain types of contracts to be in writing to be enforceable, including contracts for the sale of land and agreements lasting more than one year.
Statute of Limitations
civil procedureA law prescribing the maximum time period within which a legal action must be filed. The period varies by type of claim and jurisdiction.
Stay
civil procedureA court order suspending or halting legal proceedings or the enforcement of a judgment. In bankruptcy, the automatic stay stops creditor collection actions.
Strict Liability
tortLegal responsibility for damages or injury without proof of negligence or intent. Applied in product liability cases and abnormally dangerous activities.
Subordination
propertyAn agreement placing one creditor's claim or lien behind another's in priority.
Subpoena
civil procedureA court order requiring a person to appear as a witness or produce documents. A subpoena duces tecum specifically requires the production of documents.
Subrogation
generalThe substitution of one party for another regarding a legal claim or right, allowing the substituting party to pursue the claim.
Substantive Due Process
constitutionalThe constitutional doctrine protecting fundamental rights from government interference, regardless of the procedures used.
Substantive Law
generalLaw that defines rights, duties, and obligations, as distinguished from procedural law, which governs the process of enforcing those rights.
Successor
generalA person or entity that takes over the rights, obligations, or property of another, such as a corporate successor or heir.
Summary Judgment
civil procedureA court decision made without a full trial when the judge determines there is no genuine dispute of material fact and one party is entitled to judgment as a matter of law.
Summons
civil procedureA notice served on a defendant informing them that a lawsuit has been filed and requiring them to appear in court or respond within a specified time.
Supersedeas Bond
civil procedureA bond posted by the appellant to stay (delay) the execution of a judgment during the appeal process.
Supremacy Clause
constitutionalArticle VI of the Constitution establishing that federal law is the supreme law of the land and takes precedence over conflicting state laws.
Supreme Court
courtsThe highest court in the United States (and in most state judicial systems), serving as the final arbiter of constitutional and federal legal questions.
Surety
contractsA person or entity that assumes responsibility for the debt, obligation, or performance of another party. A surety bond guarantees performance.
T
Tax Lien
taxA claim imposed by the government on property for unpaid taxes, giving the government priority over other creditors.
Tenancy at Sufferance
propertyA situation where a tenant remains on the property after the lease has expired without the landlord's consent.
Tenancy at Will
propertyA rental arrangement that either the landlord or tenant can terminate at any time with proper notice.
Tenancy in Common
propertyA form of co-ownership where each owner holds a separate, divisible interest that can be freely transferred. No right of survivorship.
Tenant
propertyA person who rents or leases property from a landlord under a lease agreement.
Tender
contractsAn unconditional offer to perform an obligation, such as payment of a debt. Legal tender is currency that must be accepted for payment.
Testamentary
estateRelating to or provided for by a will. A testamentary trust is created by the terms of a deceased person's will.
Testimony
evidenceStatements made by a witness under oath in a legal proceeding, whether at trial, in a deposition, or before a grand jury.
Third Party
generalA person or entity not directly involved in a legal proceeding or transaction but who may be affected by or have an interest in the outcome.
Title
propertyLegal ownership of property. Also, the document (deed) that serves as evidence of ownership.
Tolling
civil procedureThe suspension or pausing of a statute of limitations period, effectively extending the time to file a legal action.
Tort
tortA wrongful act (other than a breach of contract) that results in injury or harm to another person, giving rise to a civil cause of action for damages.
Tort Reform
tortLegislative changes aimed at reducing the ability to bring tort lawsuits or limiting the amount of damages recoverable.
Tortfeasor
tortA person who commits a tort (a wrongful act causing harm to another).
Trade Secret
intellectual propertyConfidential business information that provides a competitive advantage, such as formulas, processes, designs, or customer lists, protected by law from misappropriation.
Trademark
intellectual propertyA word, phrase, symbol, design, or combination that identifies and distinguishes the source of goods or services from those of others.
Treble Damages
generalA statutory provision allowing courts to triple the amount of actual damages as a penalty, common in antitrust and RICO cases.
Trespass
tortThe unauthorized entry onto another person's property. Can be criminal (a misdemeanor) or civil (a tort actionable for damages).
Trial
civil procedureA formal judicial proceeding in which evidence is presented to a judge or jury to determine the facts and reach a verdict.
Trust
estateA legal arrangement in which one party (trustee) holds and manages property for the benefit of another party (beneficiary), according to the terms set by the creator (grantor).
U
Ultra Vires
businessLatin for 'beyond the powers.' An act performed by a corporation or government body that exceeds its legal authority.
Unconscionability
contractsA contract defense where the terms are so one-sided and unfair that no reasonable person would agree to them. Courts may refuse to enforce unconscionable contracts.
Undue Influence
contractsExcessive pressure or manipulation exerted over a person, impairing their free will and inducing them to act in the influencer's favor, often in contracts or wills.
Uniform Commercial Code
businessA comprehensive set of laws governing commercial transactions in the United States, including the sale of goods, negotiable instruments, and secured transactions.
Unjust Enrichment
contractsA legal principle preventing one party from benefiting at another's expense without justification, giving rise to a claim for restitution.
Unsecured Debt
bankruptcyDebt not backed by collateral, such as credit card debt and medical bills. In bankruptcy, unsecured creditors are paid after secured creditors.
V
Vacate
civil procedureTo set aside or annul a court order, judgment, or conviction.
Vandalism
criminalThe willful destruction or defacement of another person's property. A criminal offense that may also give rise to civil liability.
Variance
propertyIn zoning law, an exception allowing a property owner to use land in a way not otherwise permitted by zoning regulations, based on undue hardship.
Venire
civil procedureThe pool of potential jurors summoned to the courthouse from which a jury will be selected.
Venue
courtsThe geographic location where a court with jurisdiction may hear a case. Proper venue is typically where the events occurred or where the defendant resides.
Venue Transfer
civil procedureThe relocation of a trial from one geographic location to another, typically because of prejudice or convenience.
Verdict
civil procedureThe formal decision or finding of a judge or jury on the matters submitted during a trial.
Vest
generalTo give an immediate, fixed right of present or future enjoyment. Vested rights cannot be taken away without due process.
Vicarious Liability
tortA legal doctrine imposing liability on one party for the actions of another, such as an employer being liable for the negligent acts of an employee.
Victim
criminalA person who has suffered harm, injury, or loss as the result of a crime or tort.
Void
contractsHaving no legal force or effect; null. A void contract is one that was never valid from the beginning.
Voidable
contractsA contract or agreement that is valid but may be legally voided at the option of one party due to a defect such as fraud, duress, or incapacity.
Voir Dire
civil procedureThe process of questioning prospective jurors to determine their suitability for serving on a jury, including identifying potential biases.
Voluntary Manslaughter
criminalThe intentional killing of a person in the heat of passion or upon sudden provocation, without premeditation.
W
Waiver
generalThe voluntary and intentional relinquishment of a known right, claim, or privilege.
Ward
familyA person, especially a minor or incapacitated adult, who is under the protection of a court-appointed guardian.
Warrant
criminalA court order authorizing law enforcement to take a specific action, such as arresting a person (arrest warrant) or searching a location (search warrant).
Warranty
contractsA guarantee or assurance about the quality, condition, or performance of a product or property. Can be express (stated) or implied (by law).
Whistleblower
employmentA person who reports illegal, unethical, or fraudulent activity within an organization, often protected from retaliation by federal and state laws.
Will
estateA legal document expressing a person's wishes regarding the distribution of their property after death and the care of any minor children.
Witness
evidenceA person who testifies under oath in a legal proceeding, providing firsthand knowledge of facts relevant to the case.
Work Product Doctrine
evidenceA legal protection preventing discovery of materials prepared by or for an attorney in anticipation of litigation, including mental impressions, conclusions, and legal theories.
Workers' Compensation
employmentA state-mandated insurance system providing benefits to employees who suffer work-related injuries or illnesses, regardless of fault.
Writ
courtsA formal written order issued by a court directing a person or entity to perform or refrain from performing a specific act.
Writ of Execution
civil procedureA court order directing a law enforcement officer to enforce a judgment, typically by seizing and selling the debtor's property.
Writ of Mandamus
civil procedureA court order commanding a government official or body to perform a legally required duty.
Wrongful Death
tortA civil action brought by the survivors or estate of a person who died due to another party's negligent or intentional act.
Wrongful Termination
employmentThe firing of an employee in violation of federal or state law, an employment contract, or public policy.
X
X-Ray Evidence
evidenceRadiographic images used as demonstrative evidence in legal proceedings to show injuries, medical conditions, or the presence of foreign objects.
Y
Yield
generalTo give way or defer to another party's right or priority. In traffic law, the obligation to allow another vehicle or pedestrian to proceed first.
Z
Zoning
propertyGovernment regulation dividing a municipality into districts and prescribing the types of land uses permitted in each district.